If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall... The Northeastern Reporter - Página 2471905Visualização integral - Acerca deste livro
| New Jersey. Court of Chancery - 1907 - 930 páginas
...preference, and the person receiving it or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended...trustee, and he may recover the property or its value, the party receiving payment must have had reasonable ground to believe that it was intended thereby... | |
| New Jersey. Court of Chancery - 1905 - 808 páginas
...or to be benefited thereby, or his agent acting therein, shall hate had reasonable caufc to brlicrc that it was intended thereby to give a preference,...recover the property or its value from such person." I find that as a matter of fact, as already stated, the trust company had no reason to believe that... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1909 - 812 páginas
...preference, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended...recover the property or its value from such person. And, for the purpose of such recovery, any court of bankruptcy, as hereinbefore defined, any State... | |
| United States. Supreme Court - 1912 - 840 páginas
...preference, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended...recover the property or its value from such person." Opinion of the Court. 225 US To constitute a preference, it is not necessary that the transfer be made... | |
| 1902 - 2074 páginas
...when the creditor receiving or to be benefited by the preference, or his agent acting therein, shall have had reasonable cause to believe that it was intended...recover the property or its value from such person. Under the provisions of this clause, a creditor who in bad faith has received a preference cannot withhold... | |
| 1902 - 1128 páginas
...months, and "the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference." it has been decided in Pennsylvania cases cited in note "d," Purd. Dig. p. 831, pi. 29, that the debtor... | |
| 1907 - 2136 páginas
...in 57g, provides that, if a bankrupt shall have given a preference and the person receiving it shall have had reasonable cause to believe that it was intended thereby to give a preference, it Aall be voidable by the trustee. The bankrupt was insolvent when he •-•xecuted the mortgages and... | |
| 1906 - 1052 páginas
...adjudication. '3) The person receiving it or to be benefited thereby, or his agent acting therein, must have had reasonable cause to believe that it was intended thereby to give a preference. (4) The effect of such transfer must be to enable any one of his creditors to obtain a greater percentage... | |
| 1907 - 2094 páginas
...receiving It or to be benefited thereby, or his agent acting thereunder, shall have had rea^ sonitble cause to believe that It was intended thereby to give a preference, il shall be voidable by the trustee, and he may recover the property, or iti value, from such person."... | |
| 1922 - 262 páginas
...then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee...recover the property or its value from such person. * * *" Collier on Bankruptcy, 8th Ed., pp. 1 168-9. In Schuette v. Swank,, Receiver, 265 Pa. 576, Mr.... | |
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